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(영문) 서울행정법원 2019.07.24 2019구단9415
난민불인정결정취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff entered the Republic of Korea on a short-term visit (C-3) on December 4, 2016, and applied for refugee recognition to the Defendant on January 2, 2017.

B. On June 19, 2018, the Defendant rendered a decision on the refusal of refugee status (hereinafter “instant disposition”) on the ground that the Plaintiff cannot be deemed as having “a well-founded fear of persecution” as stipulated in Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol on the Status of Refugees.

C. On July 2, 2018, the Plaintiff filed an objection with the Minister of Justice on July 2, 2018, but the objection was dismissed on April 10, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 1 and 2, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion was that the Plaintiff participated three times in any demonstration against the government officials who have decomposed government officials from the D Party origin, the president and the Egyptian Party, together with the organization B, from Jun. 2016 to September 2016. On August 2016, the Plaintiff joined the Party E, the Egybsian Party.

However, around October 2016, members of the D Political Party came to know of the fact that members of the D Political Party find the Plaintiff’s house and demanded the Plaintiff not to act to support the Party any longer. After entering the Republic of Korea, the Plaintiff became aware of the fact that the members of the D Political Party find the Plaintiff through the fluent Gu located in Habwa.

Therefore, the instant disposition that did not recognize the Plaintiff as a refugee on a different premise is unlawful, inasmuch as there exists a well-founded fear that the Plaintiff would be subject to gambling from the members of the D Party, a party to which the right to house belongs, in the event that the Plaintiff returned to Habwa.

B. Determination 1 provides that “Refugees” may be persecutioned on grounds of race, religion, nationality, status as a member of a specific social group or political opinion.

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